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DECREE No. 90/2003/ND-CP OF AUGUST 12, 2003 DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE STATE SECURITIES COMMISSION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government's Decree No. 30/2003/ND-CP of April 1, 2003 defining the functions, tasks, powers and organizational structures of the Government-attached agencies;

At the proposals of the Chairman of the State Securities Commission and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The State Securities Commission is a Government-attached agency which performs a number of tasks and exercises a number of powers of State management over securities and securities market; performs the State management over public services in the field of securities and securities market according to law provisions.

Article 2.- Tasks and powers

The State Securities Commission shall have to perform the tasks and exercise the powers of a Government-attached agency regarding the State management over the branches and domains prescribed in the Government's Decree No. 30/2003/ND-CP of April 1, 2003 defining the functions, tasks, powers and organizational structures of the Government-attached agencies as well as the following specific tasks and powers:

1. To submit to the Government or the Prime Minister or the minister assigned by the Prime Minister to sign the legal documents on securities and securities market and organize the implementation of such documents;

2. To submit to the Government or the Prime Minister its strategies, plannings and programs, long-term, 5-year and annual plans as well as important projects; to organize the implementation of such strategies, plannings, programs and plans after they are approved;

3. To promulgate, guide, examine and organize the implementation of, professional standards and processes as well as economic and technical norms which are applied in its attached organizations and units according to the law provisions on securities and securities market;

4. To grant, extend, suspend or withdraw permits for issuing, listing and trading in securities, providing securities services and practicing securities business according to law provisions;

5. To submit to the Prime Minister for decision the establishment, suspension of operation, or dissolution, of the Securities Trading Centers, the Securities Trading Bureaus and organized securities trading markets;

6. To organize and manage the Securities Trading Centers, the Securities Trading Bureaus and organized securities trading markets as well as the securities custody, registration and clearing centers;

7. To manage securities market-related activities of the securities-issuing organizations, securities-listing organizations, securities-trading organizations and support organizations according to law provisions;

8. To inspect, examine and supervise the subjects operating on the securities market and handle securities- and securities market-related violations according to law provisions;

9. To manage investment and construction projects under its competence as provided for by law; to participate in evaluating important schemes and projects in the field of securities and securities market at the request of the Government or the Prime Minister;

10. To guide and create conditions for the securities associations to comply with their objectives, principles and operation charters; to examine the observance of the State's regulations, handle or propose competent State agencies to handle the law violations committed by the securities associations according to law provisions;

11. To organize scientific research into securities and securities market; to provide professional training for officials and employees of the State Securities Commission and its attached units, securities trading employees and subjects participating in the securities market;

12. To organize the information, propagation and dissemination of knowledge on securities and securities market to different organizations and the public;

13. To enter into international cooperation in the field of securities and securities market according to law provisions;

14. To decide on, and direct the implementation of, the State Securities Commission's administrative reform program according to the objectives and contents of the State administrative reform program already approved by the Prime Minister;

15. To manage its organizational apparatus and payroll; to direct the implementation of the salary regime as well as preferential treatment, commendation and discipline regimes and policies for officials and employees within its management scope;

16. To manage the assigned finance and assets and organize the implementation of the budget allocations according to law provisions;

17. To implement the regime of reporting to the Government, the Prime Minister and competent State agencies according to the provisions of law.

Article 3.- Organizational structure of the State Securities Commission

a/ Organizations assisting the Chairman in performing his/her tasks and exercising his/her powers:

1. The Department for Securities Market Development;

2. The Department for Management of Securities Issuance;

3. The Department for Management of Securities Trading;

4. The International Cooperation Department;

5. The Organization and Personnel Department;

6. The Planning-Finance Department;

7. The Legal Department;

8. The Inspectorate;

9. The Office (with the representation in Ho Chi Minh city).

b/ Non-business organizations under the Commission:

1. Hanoi Securities Trading Center;

2. Ho Chi Minh City Securities Trading Center;

3. The Informatics Center;

4. The Center for Securities Scientific Research and Training;

5. The Securities review.

Article 4.- Leadership of the State Securities Commission

The leadership of the State Securities Commission is composed of:

1. The chairman and vice-chairmen;

2. Part-time members of the vice-ministerial level of the Ministry of Finance, the Ministry of Justice, the Ministry of Planning and Investment and the State Bank of Vietnam.

The State Securities Commission's chairman and vice-chairmen shall be appointed, relieved from duty or dismissed by the Prime Minister; part-time members shall be decided by the Prime Minister.

Part-time members shall work according to the Regulation on Operation of the State Securities Commission.

Article 5.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette and replaces the Government's Decree No. 75/CP of November 28, 1996 on the establishment of the State Securities Commission and previous law provisions contrary to this Decree.

Article 6.- Implementation responsibilities

The Chairman of the State Securities Commission, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister

PHAN VAN KHAI